(1) WKCIC Group T/A Capital City College Group (2) Ms Odu

Case Summary

The claimant appealed the Employment Tribunal's dismissal of his claims for direct discrimination on grounds of race, sex, and age. The appeal challenged the Tribunal's finding that there was insufficient evidence to shift the burden of proof. The Employment Appeal Tribunal upheld the ET's decision, finding that the Tribunal correctly applied the legal principles for burden of proof and reached factual findings entirely open to it on the evidence.

The EAT found that the Tribunal correctly applied the legal test for establishing a prima facie case of discrimination under section 136 of the Equality Act 2010. The Tribunal's factual findings—that the College had investigated the driving incident and had taken some action on complaints, and that Ms Odu had not formally pursued her allegation—were findings the Tribunal was entitled to reach. These findings meant that the alleged disparate treatment did not amount to sufficient facts from which a tribunal could conclude discrimination had occurred in the absence of an adequate explanation.

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• •Whether the Employment Tribunal erred in finding no evidence of direct discrimination on grounds of race, sex, or age
• •Application of burden of proof principles under section 136 of the Equality Act 2010
• •Whether prima facie case of discrimination was established
• •Whether disparate treatment of allegation by Ms Odu (black female) versus allegations by Claimant (white male over 60) shifted burden of proof

The full source document is available from the official publication page.